By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE CONSIDERING APPLYING FOR ADJUSTMENT OF STATUS BASED ON MARRIAGE TO A U.S. CITIZEN OR LAWFUL PERMANENT RESIDENT, READ THIS ARTICLE FOR AN OVERVIEW OF THE BASIC STEPS.

The adjustment of status process allows foreign nationals in the United States to apply for lawful permanent residency (a “green card”) without leaving the country. This is typically used by individuals who entered on a temporary visa, such as a tourist visa, fiance(e) visa, or student or work visa, who wish to become permanent residents. There are different avenues to qualify for adjustment of status. When eligibility is based on the foreign national’s marriage to a U.S. citizen or lawful permanent resident spouse, it is generally called “marriage-based adjustment of status”.

Below are the general steps for Marriage-Based Adjustment of Status:

1. You must first be Eligible: There are very specific requirements in order to be eligible for adjustment of status based on marriage. Before doing anything, it is a good idea to consult with an immigration attorney to help you determine whether you meet the requirements now or in the future. Some of the general requirements include having a petition filed by your spouse, being lawfully admitted to the United States, having a visa currently available for your immigration category, not being subject to any bars to your application, and being admissible to the U.S. This is not an exhaustive list, and there are also some exceptions.

Being married to a lawful permanent resident versus a U.S. citizen also makes a difference in your application and eligibility. Applicants married to a U.S. Citizen have a visa immediately available to them, but those married to a lawful permanent resident do not, and this certainly affects the eligibility timing for adjustment of status.

Missing even one necessary requirement can result in your application being denied, along with other negative impacts on your immigration status. An immigration attorney can assist you in determining whether you are eligible for marriage-based adjustment of status.

2. Application filing & Medical Exam: Form I-485, Application to Register Permanent Residence or Adjust Status (available here) is the official adjustment of status application. If you do not already have an underlying spouse or fiance(e) petition, this petition must be filed as well: Form I-130 Petition (available here). Supporting documents will vary based on your eligibility category, but all marriage-based applications must include proof of your bona fide ("real") marriage.

You will also need to have a medical exam performed by an immigration doctor, and obtain any necessary vaccinations.

3. Biometrics collection: After filing, you will receive an appointment to provide fingerprints, photos, and a signature for background checks.

4. Interview: An interview with a USCIS  (United States Citizenship and Immigration Services) officer may be required to verify your application and eligibility. USCIS has frequently been waiving this interview for strong marriage-based adjustment of status cases. Strong cases are those that, in addition to meeting the eligibility requirements, provide plenty of evidence supporting a bona fide (“real”) marriage.

5. Decision and green card issuance: When USCIS makes a decision on your application, it will notify you by mail and on your Online USCIS Account. If approved, you will receive your green card (Form I-551) in the mail. Congratulations! You are now a lawful permanent resident of the United States!

Missing even one necessary requirement can result in your application being denied, along with other negative impacts on your immigration status.

An immigration attorney can help determine your eligibility for marriage-based adjustment of status, so that you can avoid making costly financial mistakes, including mistakes in eligibility that can negatively affect your immigration status. Legal assistance throughout the application process can also help make applying for adjustment of status feel a lot more manageable and less stressful.

Our IMMIGRATION LAW OFFICE  is experienced with helping couples navigate the adjustment of status process. Our client-centered law office will be here for you every step of the way, from filing to interview preparation. We provide both in-person and remote immigration legal services to couples all over the United States. Contact us today!

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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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